WP(C) 2983/2010. Gauhati High Court

Case NumberWP(C) 2983/2010
Judgement DateJuly 13, 2019
CourtGauhati High Court

THE GAUHATI HIGH COURT AT GUWAHATI

(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) PRINCIPAL SEAT AT GUWAHATI

Writ Petition ( C) No.2983/ 2010

SUSHANTA CHAKRABORTY

S/ O LATE SUSHI L CHANDRA CHAKRABORTY, QUARTER NO. 1059-A NEAR GURUDWARA,

P.O. & P.S. DI GBOI DI ST. TI NSUKI A, ASSAM- 781671.

-Versus-

  1. THE UNI ON OF I NDI A,

    TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF I NDI A, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, NEW DELHI .

  2. THE STATE OF ASSAM,

    TO BE REPRESENTED BY THE COMMI SSI ONER & SECRETARY TO THE GOVT. OF ASSAM, EDUCATI ON DEPARTMENT, DI SPUR, GUWAHATI -6, ASSAM.

  3. THE CENTRAL BOARD OF SECONDARY EDUCATI ON,

    TO BE REPRESENTED BY THE CHAI RPERSON, NEW DELHI .

  4. THE MANAGI NG TRUSTEE

    THE LI TTLE STARS TRUST BORBI L- 1,

    P.O. DI GBOI , DI ST. TI NSUKI A, ASSAM.

  5. THE PRESI DENT,

    MANAGI NG COMMI TTEE,

    THE LI TTLE STARS SENI OR SECONDARY SCHOOL,

    P.O. DI GBOI , DI ST. TI NSUKI A, ASSAM.

  6. THE PRI NCI PAL CUM SECRETARY

    THE LI TTLE STARS SENI OR SECONDARY SCHOOL BORBI L-1, THAKURBARI ROAD, PO. DI GBOI ,

    DI ST. TI NSUKI A, ASSAM.

  7. THE ADMI NI STRATOR,

    THE LI TTLE STARS SENI OR SECONDARY SCHOOL BORBI L-1, THAKURBARI ROAD, P.O. DI GBOI , DI ST. TI NSUKI A, ASSAM.

    Advocate for the Petitioner: Mr. B.D. Das, Sr. Advocate &

    Mr. D. Nath.

    Advocate the Respondent No.1: Ms. R. Bora, CGC.

    Advocate the Respondent No.2: Mr. S.K. Ghosh, Standing Counsel,

    Secondary Education Department.

    Advocate the Respondent Nos.4—7: Mr. R. Dev.

    BEFORE

    HON’BLE MR. JUSTI CE HRI SHI KESH ROY

    Date of hearing & judgment: 13-07-2017.

    …… PETI TI ONER.

    … RESPONDENTS.

    JUDGEMENT AND ORDER ( ORAL)

    Heard Mr. B.D. Das, the learned senior counsel for the petitioner. The learned Advocate Mr. R. Dev appears for the respondent Nos.4—7. The learned CGC Ms. R. Bora appears for the respondent No.3, while Mr. S.K. Ghosh, the learned standing counsel for the Secondary Education Department, represents the respondent No.2.

    2.1. The matter pertains to a Disciplinary Proceeding (DP) in respect of the petitioner, who served as a teacher of the Little Star Senior Secondary School, Digboi in Tinsukia District. I n pursuant to a DP, drawn up against the teacher, on the basis of the adverse finding, recorded by the I nquiry Officer on 10.6.2009, the service of the teacher was terminated on 1.12.2009.

    2.2. Earlier the petitioner was discharged on 29.3.2008 but when the disciplinary action was challenged, the High Court under the judgment dated 22.12.2008, in the WP(C)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT